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Deed Of Trust Real Property Article

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Deed Of Trust


When owning a home it is important to be familiar with and understand the different terms and documents that are used in matters of real estate law.  These documents vary state to state and it is wise to do significant research into the real estate law of your state before buying a home. The most common difference of real estate documentation is, if the state uses mortgages or a Deed of Trust.

A Deed of Trust is much like a mortgage expect for two main differences. The Deed of Trust involves three parties and makes the process of foreclosure quicker and easier.

When home owners take out a mortgage they make a deal between themselves and the lender. The deed of the home remains in the possession of the home owner throughout the mortgage proceedings. If the home owner defaults in payment or does not maintain his end of the mortgage agreement, the lender will have to go through the rather lengthy procedure of foreclosure. Mortgages are taken out as a way to secure debt against the home or for other reasons that will depend upon the home owner and their unique situation. Mortgages are made between two people, the lender and the home owner

A Deed of Trust is different then a mortgage in that it requires three parties; the homeowner, lender, and the trustee. The trustee is responsible for holding the title until the initial agreement is fulfilled, either by the home owner completing all of the payments or the lender having to foreclose on the property. The process of foreclosure on a Deed of Trust home is an easier process then a home with a mortgage.

If an owner with a Deed of Trust is no longer able to make payments on the home then the lender can begin foreclosure procedures. This does not involve the courts as it does with the judicial foreclosure, which is used for mortgages. Such a quick and easy foreclosure is often cheaper and allows the lender to regain any losses accrued at an earlier date.

The differences between mortgages and Deeds of Trust may seem negligible but the differences that do exist can be of great importance to home owners. Before buying a home see if your state uses mortgages or Deeds of Trust. If you are uncomfortable with a mortgage then do not buy a home in a state that does not used Deeds of Trust. The same is true if you are uncomfortable with Deeds of Trust. You can not choose which document you get to use so find out which states use one or the other.

If you are going to have a Deed of Trust make sure you understand your legal rights and obligations to avoid having your home foreclosed. Unlike judicial foreclosures, the lender will not have to take you to court first and so you may have very little time to fight the proceedings.

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